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Kyle Cheney Profile picture
@kyledcheney
Jul 15, 2024 • 6 tweets • 3 min read • Read on X
BREAKING: Judge Cannon has dismissed the Trump documents case, citing violation of appointments clause: Image
Cannon has issued a 93-page opinion. Details TK: storage.courtlistener.com/recap/gov.usco…
Cannon says Jack Smith's appointment usurps legislative power. storage.courtlistener.com/recap/gov.usco…
Image
NEWS: Smith can appeal Judge Cannon’s dismissal of the case. His office has not indicated its intention yet.

politico.com/news/2024/07/1…
Image
MORE: Cannon observes that Jack SMITH's team had asked her for a chance to brief her on remedies other than dismissal if she was "seriously entertaining" invalidating his appointment.

Cannon said he didn't ask soon enough. politico.com/news/2024/07/1…
Image
FWIW: I was in Judge Chutkan's courtroom for a routine Jan. 6 proceeding minutes after the Florida decision came down. She didn't make any allusions to it. Chutkan is still awaiting return of the Supreme Court immunity decision before she can resume her own Trump case.

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More from @kyledcheney

Kyle Cheney Profile picture
Jun 13
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.usco…Image
Breyer stays his order until noon tomorrow, which should be enough time for Trump to seek emergency appeal at 9th Circuit and perhaps Supreme Court. storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous."

politico.com/news/2025/06/1…Image
Read 6 tweets
Kyle Cheney Profile picture
Jun 12
HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.

Judge Breyer making some "preliminary" remarks.
BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.
Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?

DOJ says no, and court has no role in policing it either.
Read 9 tweets
Kyle Cheney Profile picture
May 30
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."

The man's lawyer plans to demand his return.

politico.com/news/2025/05/3…Image
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.

The Trump admin sought to speed his removal last month. politico.com/news/2025/05/3…
DOJ had assured a federal appeals court court that Melgar-Salmeron wouldn't be deported before May 8-9. But after the court issued a May 7 order blocking his deportation, ICE put him on a plane just minutes later and told the court he was gone.
politico.com/news/2025/05/3…Image
Read 4 tweets
Kyle Cheney Profile picture
May 28
BREAKING: Federal court says Trump exceeded his authority to impose tariffs under IEEPA. storage.courtlistener.com/recap/gov.usco…Image
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…Image
The three-judge panel that ruled against Trump? Appointees of:

-Obama
-Reagan
-Trump

politico.com/news/2025/05/2…
Read 4 tweets
Kyle Cheney Profile picture
May 16
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia's status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with "I don't knows" from the witnesses.
Read 7 tweets
Kyle Cheney Profile picture
May 10
NEW: Federal judges across the country are increasingly warning of a due process crisis caused by President Donald Trump’s deportation blitz.

Their message: If we eliminate due process for the ‘least’ of us, Americans could be next.

politico.com/news/2025/05/1…Image
The judges’ message has sharpened amid Trump’s increasingly aggressive effort to short-circuit due process for those he deems. And it’s coming from judges appointed by presidents of both parties — including Trump himself.

politico.com/news/2025/05/1…Image
Trump has questioned whether he owes a constitutional right of due process to those he deems gang members or terrorists. His aides say they’re following the constitution and that Trump’s electoral mandate to carry out mass deportation should win the day. politico.com/news/2025/05/1…Image
Read 4 tweets

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